Texas Penal Code 32.32 – False Statement to Obtain Property or Credit or in the Provision of Certain Services
Current as of: 2024 | Check for updates
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(a) For purposes of this section, “credit” includes:
(1) a loan of money;
(2) furnishing property or service on credit;
(3) extending the due date of an obligation;
(4) comaking, endorsing, or guaranteeing a note or other instrument for obtaining credit;
(5) a line or letter of credit;
(6) a credit card, as defined in § 32.31 (Credit Card or Debit Card Abuse); and
(7) a mortgage loan.
(b) A person commits an offense if he intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit, including a mortgage loan.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Penal Code 32.32
- Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
- Appraisal: A determination of property value.
- Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Property: means real and personal property. See Texas Government Code 311.005
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(b-1) A person commits an offense if the person intentionally or knowingly makes a materially false or misleading written statement in providing an appraisal of real property for compensation.
(c) An offense under this section is:
(1) a Class C misdemeanor if the value of the property or the amount of credit is less than $100;
(2) a Class B misdemeanor if the value of the property or the amount of credit is $100 or more but less than $750;
(3) a Class A misdemeanor if the value of the property or the amount of credit is $750 or more but less than $2,500;
(4) a state jail felony if the value of the property or the amount of credit is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the value of the property or the amount of credit is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the value of the property or the amount of credit is $150,000 or more but less than $300,000; or
(7) a felony of the first degree if the value of the property or the amount of credit is $300,000 or more.
(d) The following agencies shall assist a prosecuting attorney of the United States or of a county or judicial district of this state, a county or state law enforcement agency of this state, or a federal law enforcement agency in the investigation of an offense under this section involving a mortgage loan:
(1) the office of the attorney general;
(2) the Department of Public Safety;
(3) the Texas Department of Insurance;
(4) the Office of Consumer Credit Commissioner;
(5) the Texas Department of Banking;
(6) the credit union department;
(7) the Department of Savings and Mortgage Lending;
(8) the Texas Real Estate Commission;
(9) the Texas Appraiser Licensing and Certification Board; and
(10) the Texas Department of Housing and Community Affairs.
(e) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves a mortgage loan.